Terms of sale

TERMS AND CONDITIONS OF SALE

Last updated: 10/06/2024

Article 1 – LEGAL NOTICE

This site, accessible at the URL www.hobe-explore.com (the "Site"), is owned by :

HOBE a société par actions simplifiée (simplified joint-stock company) with share capital of €1,000, registered with the Trade and Companies Register of Bayonne under number 911718351, whose registered office is located at 6 Impasse saint Michel 64200 Biarritz, represented by Kylian Duprat duly authorized (hereinafter the "Operator")

The Operator’s individual VAT number is: FR87911718351

The Operator can be reached at the following email address contact@hobe-explore.com.

The Site is hosted by Shopify, located at 150 Elgin Street 8th Floor Ottawa, Ontario K2P 1L4, Canada.

The Site’s publication director is Kylian Duprat.

Article 2 – GENERAL PROVISIONS RELATING TO THESE TERMS AND CONDITIONS

2.1: Scope of the terms and conditions of sale

These terms and conditions of sale (hereinafter the "Terms and Conditions of Sale" or "T&Cs") apply to distance purchases made by the consumer customer (hereinafter "the Customer") from the Operator, through the Site.

The sales offer made by the Operator on the Site:

• is intended exclusively for customers who have the capacity to contract and who act as consumers, that is, any natural person acting solely to meet their personal needs,

and

• concerns sales delivered exclusively within mainland France, Corsica, the French overseas departments and territories, and the territory of the European Union.

By placing an order on the Site, the Customer declares that they meet the conditions set out above and, in particular, that they are not making purchases on the Site for the purpose of reselling them on a regular basis or in the course of a professional activity.

2.2: Acceptance of the T&Cs

Any sale of product(s) made on the Site by the Operator to the Customer is governed exclusively by the T&Cs.

Accordingly, the placing of an order by the Customer implies their unreserved acceptance of and full adherence to the T&Cs, which prevail over any other document. In this respect, the Customer declares that they have read and accepted the T&Cs before placing their order.

The T&Cs are made available to Customers on the Site, where they can be consulted directly, and may also be provided on request by any means.

The applicable T&Cs are those in force on the day the order is placed.

Before confirming any order, the Customer reads and may download and keep the T&Cs. The Customer accepts the T&Cs by ticking a box or clicking the button provided for that purpose.

The fact that the Operator does not, at a given time, rely on any of the provisions of the T&Cs or on the terms of the order relating to the transaction as validated by the Operator may not be construed as a waiver by the Operator of its right to rely on those terms or provisions at a later date.

If any clause of the T&Cs were found to be void or annulled, the other clauses would not thereby be annulled.

Article 3 – DESCRIPTION OF THE PRODUCTS

The Site is an online sales site for backpacks and accessories (hereinafter the "Product(s)").

In accordance with article L 111-1 of the French Consumer Code, the Customer may, before placing an order, review the characteristics of the products they wish to order.

The Customer must refer to the description of each product in order to learn its essential characteristics. Photographs illustrating the products, where applicable, do not constitute a contractual document.

The Products comply with the requirements of the applicable law in force.

The Customer remains responsible for the terms and consequences of their access to the Site, in particular via the Internet. Such access may involve paying fees to technical providers such as Internet service providers, which remain payable by the Customer. In addition, the Customer must provide, and is entirely responsible for, the equipment needed to connect to the Site.

The Customer acknowledges having checked that the computer setup they use is secure and in working order.

Article 4 – IDENTIFICATION OF THE CUSTOMER

To place an order on the Site, the Customer must first identify themselves. They may:

• either complete the registration form, which will allow them to create a customer account from which they can place orders,
• or complete the form for a direct order.

4.1: Creating a customer account

The Customer may create their personal customer area. Once created, to access it the Customer must identify themselves using their username and their secret, personal and confidential password. It is the Customer’s responsibility not to disclose their username and password, in accordance with the PERSONAL DATA article of the T&Cs. Each Customer undertakes to keep strictly confidential the data, in particular the username and password, that allows them to access their customer area, the Customer acknowledging that they are solely responsible for access to their personal account by means of their username and password, save in the event of proven fraud. Each Customer further undertakes to inform the Operator without delay in the event of loss, misappropriation or fraudulent use of their username and/or password.

After creating their personal customer area, the Customer will receive an email confirming that their customer area has been created.

On registering, the Customer undertakes to:

• provide information that is true, accurate and up to date at the time it is entered in the service’s registration form, and in particular not to use false names or addresses, or names or addresses without being authorized to do so.
• keep the registration data up to date so as to ensure at all times that it remains true, accurate and current.

The Customer further undertakes not to make available or distribute unlawful or objectionable information (such as defamatory information or information constituting identity theft) or harmful information (such as viruses). Failing this, the Operator will be entitled to suspend or terminate the Customer’s access to the Site at the Customer’s sole fault.

Should the Customer breach any of these provisions, the Operator reserves the right to close that Customer’s account without notice.

4.2 Direct order

The Customer may place an order on the Site without creating a customer account.

To do so, the Customer must complete the form offered when validating their basket. The information requested by the Operator is strictly necessary to process the Customer’s order.

Article 5 – ORDERS

The Operator strives to ensure that its Products are available at all times. The offers and prices shown on the Site are valid for as long as they are visible on the Site, subject to available stock.

If, despite the Operator’s best efforts, a Product proves to be unavailable, the Operator will inform the Customer by email as soon as possible and the Customer will have the choice between:

• delivery of a Product of equivalent quality and price to the one originally ordered, or

• a refund of the price of the Product ordered, no later than thirty (30) days after payment of the sums already paid.

To place an order, the Customer must:

• select the chosen Products,
• add them to their basket, indicating the Products selected and the quantities required,
• check the details of their order and its total price. Where applicable, they may return to the previous pages to correct the contents of their basket.
• validate their basket.
• read the T&Cs and indicate their acceptance by ticking the box provided for that purpose.
• choose the payment method and confirm their commitment by clicking "Pay".

The Customer undertakes to read the Terms and Conditions of Sale then in force before placing an order. Confirming the order entails acceptance of the T&Cs.

On receipt of the order, the Operator carries out the checks required before the order is validated, in particular that payment for the order has actually been made.

Once verified, the order will be followed by a confirmation email – which records the Operator’s registration of the order – setting out the contents of the order, the applicable T&Cs and, where applicable, the conditions, time limits and procedures for the right of withdrawal and the refund arrangements.

The Operator strongly advises the Customer to print and/or archive this order confirmation on a reliable and durable medium as proof. A digital invoice is made available in the order confirmation email. The Operator also advises the Customer to print and/or archive this invoice on a reliable and durable medium as proof.

Any email sent to the Customer in connection with an order will be sent to the email address the Customer used to place the order.

Orders require the Customer to pay for them, so that they are final only once confirmed by payment of the price and, where applicable, by confirmation from the payment centre and the recording of full payment of the order.

The Operator reserves the right not to act on an order placed by the Customer for any legitimate reason, in particular:

• Where the Customer does not comply with the T&Cs in force at the time of their order.
• Where one of the Customer’s previous orders is the subject of a dispute being processed.
• Where the order(s), by their content or frequency, exceed the needs of a private individual and, more generally, in the event of an abnormal request or bad faith on the part of the Customer.
• Where information from the banking institution responsible, on the Operator’s behalf, for managing payment of the order indicates that the payment method chosen to pay for the order cannot be used.
• And, more generally, in the event of a legitimate reason as provided for in article L 121–11 of the French Consumer Code.

Any change to an order by the Customer after confirmation of their order is subject to the prior written agreement of the Operator.

The information provided by the Customer when placing the order, in particular the name and delivery address, is binding on the Customer. Accordingly, the Operator may not be held liable in any way if an error by the Customer when placing the order prevents or delays delivery.

Article 6 – PRICE - PAYMENT TERMS AND SECURITY

6.1 Price

The price of the Products in force at the time of the order is shown on the Site, in Euros, all taxes included.

The price of the Products does not include any delivery charges. The Customer is informed of any delivery charges applicable to their order before final validation of the order and payment of the price.

The total amount due by the Customer and its breakdown are shown on the order confirmation page.

6.2 Payment

Payment is made in full, online.

Orders may be paid for using one of the following payment methods:

• Payment by bank card. The Operator uses the Mollie online payment solution. Payment is made directly on the secure banking servers of the Operator’s bank; the Customer’s bank details do not pass through the Site. The bank details provided at the time of payment are protected by SSL (Secure Socket Layer) encryption. In this way, those details are not accessible to third parties.

The Customer’s order is recorded and validated as soon as payment is accepted by the bank.

The Customer’s account will be debited by the corresponding amount only once (i) the details of the bank card used have been verified and (ii) the debit has been accepted by the bank that issued the card.

If the sums due cannot be debited, the sale will be void.

The bank card may be declined in particular if it has expired, if it has reached the maximum spending limit to which the Customer is entitled, or if the data entered is incorrect.

• Payment by electronic wallet (such as "Paypal"). The Customer already has an account with the electronic wallet used by the Operator. The Customer may use that account and pay for their order securely without providing their bank details.

As part of its control procedures, the Operator may need to ask the Customer for any documents required to finalize their order. Those documents will not be used for any other purpose.

Article 7 – RETENTION OF TITLE

The Operator remains the exclusive owner of the Products ordered on the Site until their price has been paid in full, in principal, interest and ancillary costs.

This provision does not prevent payment at the time of the order or the transfer of the risk of loss or damage to the Products upon delivery.

Article 8 – SHIPPING AND DELIVERY

Delivery means the transfer to the Customer of physical possession of, or control over, the Product.

The Operator offers the following delivery methods:

 

• Colissimo - Standard delivery
• Chronopost C13 - Express delivery
• Mondial Relay - Pickup point delivery

 

Delivery charges are specified to the Customer at the time of the order and are accepted by the Customer when the order is validated.

Delivery times vary according to the delivery option chosen by the Customer and are indicated to them at the time of the order.

Delivery times are stated in business days on the Site at the time of the order. These times include preparing and shipping the order as well as the time allowed by the carrier.

The Customer undertakes to provide information that is true, accurate and up to date at the time it is entered in the form for contact details and delivery address.

The Operator undertakes to ship the Products in accordance with the times stated at the time of the order, subject to actual payment of the order.

However, if one or more Products could not be delivered within the time initially stated, the Operator will send an email informing the Customer of the new delivery date.

Failing delivery within the agreed time, and at the latest within thirty days after the order is registered by the Operator, the Customer may cancel their order by registered letter with acknowledgement of receipt to the address given in article 10 of the T&Cs, or in writing on another durable medium, if, after having required the Operator by the same means to perform within a reasonable additional period, the Operator has not delivered within that period, in accordance with article L. 216-2 of the French Consumer Code.

The order is deemed cancelled on receipt by the Operator of the letter or writing informing it of that cancellation, unless the Operator has performed in the meantime.

Where the order has been cancelled by the Customer, the Operator will refund the Product(s) ordered by the Customer within a maximum of fourteen days, in accordance with the provisions of article L.216-3 of the French Consumer Code.

On delivery, the Customer, or the third party designated by them, may be asked to sign a delivery receipt.

No delivery will be made to a PO box.

On delivery, it is the Customer’s responsibility to check that the Products delivered conform to the order and that the parcel is sealed and undamaged. If this is not the case, the Customer must state this on the delivery note. No claim regarding the quantity or condition of the Product will be accepted if the claim has not been recorded on the delivery note.

Article 9 – RIGHT OF WITHDRAWAL

The Customer has fourteen (14) days to exercise their right of withdrawal, without having to give reasons for their decision.

The Customer has fourteen (14) days to do so from the date the Product is received by them or by a third party designated by them (other than the carrier).

In accordance with article L.221-21 of the French Consumer Code, and in order to exercise this right of withdrawal under the conditions of articles L. 221-18 et seq. of the French Consumer Code, the Customer may send:

• either the standard withdrawal form attached to the T&Cs, duly completed;

• or any other unambiguous statement expressing their wish to withdraw, specifying the number of the order concerned.

The Customer is invited to generate a return label from their customer area or to contact customer service stating their wish to return part or all of their order at contact@hobe-explore.com.  

Return costs are borne by the operator in the event of an exchange and by the Customer in the event of a refund. The initial shipping costs are not refundable.

The returned Product must be returned in its original packaging, in perfect condition, fit for resale, unused and with all accessories, if any.

In addition to the returned Product, the return parcel must also have the return slip printed and attached to an outer part of the parcel.

The parcel containing the returned product with the return slip attached is to be handed in at La Poste, which will handle transport to the Operator’s warehouse.

The Operator will refund the Customer all sums paid, excluding the initial delivery charges, without undue delay and at the latest within fourteen (14) days from the date on which it is informed of the Customer’s decision to withdraw.

The Operator may withhold the refund until the goods have been recovered or until the Customer has provided proof of shipment of those goods, whichever is the earlier.

This refund may be made using the same payment method as the one used by the Customer. Accordingly, a Customer who paid for their order in the form of credit notes / gift vouchers may be refunded in credit notes / gift vouchers at the Operator’s discretion.

By accepting the Terms and Conditions of Sale, the Customer expressly acknowledges having been informed of the withdrawal procedures.

 

Returns and refunds:

Online purchases: 

Hobe Explore products sold on our website must be returned exclusively via our online platform. The refund will be issued to the original payment method.

For a refund, the return must be made via the online platform. Refunds will be issued subject to inspection of the products, which must be complete and resalable as they are. The refund will be issued to the original payment method. A flat amount will be withheld for return costs.

 

Article 10 – CUSTOMER SERVICE

For any query, request for information or complaint, the Customer may contact the Operator as follows, stating their name, telephone number, the subject of their request and the number of the order concerned:

• by email at contact@hobe-explore.com.
• at the following address: HOBE SAS – 6 Impasse saint Michel 64200 Biarritz

Article 11 – INTELLECTUAL PROPERTY AND LICENCE TO USE THE SITE

The Operator is the sole owner of all the elements present on the Site, including without limitation all texts, files, animated or still images, photographs, videos, logos, drawings, models, software, trademarks, visual identity, databases, the structure of the Site and all other intellectual property elements and other data or information (hereinafter the " Elements ") which are protected by French and international laws and regulations relating in particular to intellectual property.

Consequently, none of the Elements of the Site may, in whole or in part, be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or otherwise exploited, free of charge or for a fee, by a Customer or by a third party, whatever the means and/or media used, whether known or unknown to date, without the express prior written authorization of the Operator on a case-by-case basis.

The Operator reserves the right to take any legal action against persons who have not complied with the prohibitions contained in this article.

ARTICLE 12 – LIABILITY AND WARRANTY

12.1 Liability of the Operator

The Operator may not be held liable for non-performance or delay in performance of the contract caused by the Customer or by an event constituting an act of God or force majeure within the meaning of article 1218 of the French Civil Code, such as, without this list being exhaustive: natural disasters, fires, epidemic, pandemic, large-scale industrial action, act of government, internal or external strikes, accidental breakdowns, shortages, war, etc.

The Customer acknowledges that the characteristics and constraints of the Internet make it impossible to guarantee the security, availability and integrity of data transmissions over the Internet. Accordingly, the Operator does not warrant that the Site and its services will operate without interruption or malfunction. In particular, their operation may be temporarily interrupted for maintenance, updates or technical improvements, or to develop their content and/or presentation.

The Operator may not be held liable for any use made of the Site and its services by Customers in breach of the Terms and Conditions of Sale, nor for the direct or indirect damage that such use may cause to a Customer or to a third party. In particular, the Operator may not be held liable for false declarations made by a Customer..

12.2 Warranty

The Operator is liable for lack of conformity and for hidden defects in the item sold, under the conditions provided for respectively in articles L 217-4 et seq. of the French Consumer Code and articles 1641 et seq. of the French Civil Code.

The Customer is informed that the seller warranting the conformity of the goods sold is the Operator.

To benefit from the warranty, the bag must have been purchased from Hobe Explore or from a shop affiliated to the Hobe Explore network. Products bought second-hand or from a shop that is not a member of the Hobe Explore network are not covered by the commercial warranty.

12.2.1 Legal warranty of conformity

When relying on the legal warranty of conformity, the Customer:

- has a period of two (2) years from delivery of the goods in which to act;

- may choose between repair or replacement of the goods, subject to the cost conditions provided for in article L. 217-9 of the French Consumer Code;

- is not required to prove the existence of the lack of conformity of the goods during the twenty-four months following delivery of the goods, except for second-hand goods.

The legal warranty of conformity applies independently of any commercial warranty granted.

12.2.2 Warranty against defects in the item sold

The Customer may decide to rely on the warranty against hidden defects in the item sold within the meaning of article 1641 of the French Civil Code and, in that case, may choose between rescission of the sale or a reduction in the sale price in accordance with article 1644 of the French Civil Code.

On receipt of their order, the Customer must ensure that the products delivered conform in every respect to their order.

If this is not the case, the Customer must inform the Operator’s customer service (see article 10) by registered letter with acknowledgement of receipt within a maximum of [48] hours following receipt of the product(s) concerned.

It is recalled that seeking amicable solutions prior to any legal action does not interrupt the time limits for acting under the legal warranties, nor the duration of any contractual warranty.

Products covered by the warranties must be returned complete and in their original condition and packaging, with the return slip attached to the parcel, after receipt and confirmation of the claim by the Operator’s customer service.

ARTICLE 13 – AFTER-SALES SERVICE 

Any after-sales services performed by the Operator and not covered by the commercial warranty are the subject of a contract, a copy of which is given to the Customer.

ARTICLE 14 – PERSONAL DATA 

For further information about the use and processing of personal data by the Operator, please read the Privacy Policy (the " Policy ") carefully. You may consult this Policy on the Site at any time.

Article 15 – HYPERLINKS

The hyperlinks available on the Site may lead to third-party sites not published by the Operator. They are provided solely for the Customer’s convenience, to make it easier to use the resources available on the Internet. If the Customer uses these links, they will leave the Site and will then agree to use the third-party sites at their own risk or, where applicable, in accordance with the conditions governing them.

The Customer acknowledges that the Operator neither controls nor contributes in any way to drawing up the terms of use and/or the content applying to or appearing on those third-party sites.

Consequently, the Operator may not be held liable in any way whatsoever on account of these hyperlinks.

In addition, the Customer acknowledges that the Operator may not endorse, warrant or adopt as its own all or part of the terms of use and/or content of those third-party sites.

The Site may also contain promotional hyperlinks and/or advertising banners leading to third-party sites not published by the Operator.

The Operator invites the Customer to report any hyperlink on the Site that gives access to a third-party site offering content contrary to the law and/or to public decency.

The Customer may not use and/or insert a hyperlink pointing to the site without the prior written agreement of the Operator on a case-by-case basis.

ARTICLE 16 – GENERAL PROVISIONS

16.1 ENTIRE AGREEMENT OF THE PARTIES

The Terms and Conditions of Sale constitute a contract governing relations between the Customer and the Operator. They constitute the entirety of the rights and obligations of the Customer and the Operator relating to their subject matter.

16.2 CHANGES TO THE TERMS

The Operator reserves the right to modify at any time and without notice the content of the Site or of the services available on it, and/or to cease operating all or part of the Site, temporarily or permanently.

In addition, the Operator reserves the right to change at any time and without notice the location of the Site on the Internet, as well as the T&Cs. The Customer is therefore required to refer to the Terms and Conditions of Sale before any use of the Site.

The Customer acknowledges that the Operator may not be held liable in any way whatsoever towards them or any third party on account of these changes, suspensions or cessations.

The Operator advises the Customer to save and/or print the Terms and Conditions of Sale for safe and durable keeping, so as to be able to refer to them at any time during performance of the contract if needed.

16.3 COMPLAINTS - MEDIATION

In the event of a dispute, the Customer must contact the Operator first, in order to find an amicable solution, by email at: contact@hobe-explore.com

In addition, in accordance with article 14 of Regulation (EU) No 524/2013, the Customer is informed that the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and traders in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.

16.4 GOVERNING LAW

These T&Cs are governed by, interpreted and applied in accordance with French law.

16.5 COMPETENT JURISDICTION

Failing an amicable outcome, and whatever the origin of the dispute, it shall fall within the jurisdiction of the competent French courts, in application of the ordinary rules of law.